MORE ON DIVORCE MEDIATION
I’ve been asked the following additional questions about Divorce Mediation:
Should our attorney be our mediator? Many mediators who administer divorce mediation are attorneys, but it’s not a requirement. The advantage of such an attorney is that it’s more likely they are familiar with the legal requirements of divorce agreements in your state and, if you choose, can also prepare the appropriate court papers in an uncontested case. On the other hand, the disadvantage of working with a mediator who’s an attorney is they may be less comfortable with the interpersonal issues of your conflict and direct you towards a legal conclusion, which may leave some details unresolved. Lastly, if you use a non-attorney Divorce Mediator, you may still have to retain an attorney to prepare and submit your agreement to the court.
2. What happens when we reach an agreement? Typically, the mediator will help put your verbal agreement into a written summary or memorandum, which you’ll be asked to sign. It’s very important you have advisers review the memorandum and settlement agreement. You want to be sure everything is clear, unambiguous, and comprehensive, that is, that it has resolved all your concerns. Your memorandum will be used to prepare the formal settlement agreement filed with the court. If your Divorce Mediator is an attorney, they may agree to prepare the necessary documents that will be submitted.
3. Does mediation work for all couples? No. Some people have circumstances they feel call for the assistance of an adversarial attorney. Consider all of your options to make the best choice to best address your specific needs.
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Fred Jandt is the author of “How to Survive a Mediation,” available now at Amazon, Barnes & Noble, and wherever books are sold.